Supreme Court, for a fifth time, schedules UT admissions case for possible discussion

The U.S. Supreme Court might or might not discuss a case involving affirmative action in admissions at the University of Texas during the court’s closed-door meeting on Thursday. Just as it might or might not have discussed the case on the previous four Thursdays.

One doesn’t know for sure because the court doesn’t disclose such matters.

The court took no action Monday on Fisher v. UT, aside from posting it for possible discussion Thursday. In court-speak, the case has been “distributed” for the Thursday conference.

As this story explains, the justices are considering whether to take a second crack at the case. In a 2013 ruling, they essentially punted it back to a lower court with instructions to scrutinize UT’s admissions program more closely to ensure that a race-neutral approach would not have achieved the educational benefits of diversity.

In response, the 5th U.S. Circuit Court of Appeals ruled last year, as it did in 2011, that the university’s program passes legal muster. Abigail Fisher, a white woman who was denied admission in 2008, filed paperwork in February asking the high court to take up the matter again.

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